A prospective class of Philadelphia UberBLACK drivers were given the green light to move forward with their lawsuit alleging the company failed to pay them the federal minimum wage of $7.25 an hour.

U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s motion on Oct. 7 to dismiss the minimum wage claim filed by drivers Ali Razak, Kenan Sabani and Khaldoun Cherdoud. Baylson did, however, dismiss the drivers’ claims that the company violated the Fair Labor Standards Act by not paying them overtime.